El Vaquero nearing return to Kirksville

Mexican resturant received its liquor license with Council approval, now awaiting business license

A former Kirksville Mexican restaurant appears intent on an immediate comeback with the City Council approving its liquor license application Monday.

The Council gave approval to a liquor license for El Vaquero Mexican Restaurant, which had formerly operated in Kirksville before closing in 2008 after the FBI raided its location as part of an undocumented workers investigation.

But the path appears tentatively clear for the restaurant to return, with the city currently weighing its business application before sending the results and liquor license paperwork to the state for its consideration on the state liquor license.

It would appear El Vaquero is intent on opening in the near future, with the liquor license approval only good for the next approximately 30 days with the annual renewal process nearing in June and July.

Kirksville Finance Director Katie Myers said Tuesday that the city, including the Codes Department, is currently undergoing its certification and examination of the business, to be located on north Baltimore Street. She said with Codes' approval, there appeared to be no issue with the application.

The liquor license application approved by the Council was submitted by James Smith, of Kids @ Play Inc., a company that was incorporated through the state this past December.

According to the Missouri Secretary of State's Office, Maria Lopez is listed as the business agent for Kids @ Play, doing business as El Vaquero Mexican Restaurant.

Owner Neftali Lopez does not appear on the state incorporation filing or the business or liquor license application, however recent changes with the city business license ordinance would not have precluded him from operating the business.

Lopez was sentenced to 11 months in prison after the 2008 raid and being indicted on 42 counts related to a conspiracy to use fraudulent social security numbers for employment of undocumented workers. He was also sentenced to three years of probation and ordered to pay $20,629 in restitution in June 2011 after pleading guilty to a charge of failing to pay federal taxes as an El Vaquero restaurant in Hannibal, Mo.

Previously, the city business license ordinance would have prevented Lopez from applying and operating with a business license but the Council amended its ordinance, striking the no-felony-conviction requirement earlier this year.

The state would also not preclude Lopez from applying for the state liquor license with the Missouri Department of Public Safety, Alcohol and Tobacco Control referring to Missouri statutes that allow felons with a ownership stake to operate a company with a liquor license as long as the conviction is not related to the manufacturing or sale of liquor.

The city finance office is expected to resolve the Codes inspection and send off the final paperwork to the state for its consideration on the liquor license.

Lopez returned a call after press deadline and said he was not the owner of Kids @ Play and was uncertain whether he would be involved with the operation of El Vaquero.